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VOL. 2 NO. 100 DECISIONS RELEASED JUNE 6, 1994 FAMILY LAW 2-2-3446 Emilia Finnegan v. Richard Finnegan, (5 pp.) Where after mother initially had custody of daughter, trial court properly (1) granted both parents joint custody and father residential custody, and (2) offset mother’s support obligation for six months against father’s arrears, since the court’s findings are supported by credible evidence in the record. 20-1-3447 Edmund E. Jacobitti v. Stella Maria Jacobitti, Supreme Ct. (17 pp.) Where in unusual circumstances disabled wife had no income except for a property settlement and alimony payments from wealthy elderly ex-husband, trial court properly created a trust to ensure that the wife would have income because there was no certainty that the husband would be able to make future payments, since a trust is an appropriate remedy to fulfill the Legislature’s intent in authorizing life insurance for a dependent spouse’s protection “in the event of the payor spouse’s death.” 20-2-3448 Helen R. Walker v. Harry Walker, App. Div. (4 pp.) Where husband retired for health reasons, trial court erred in not decreasing husband’s alimony obligations, since his forced retirement constituted changed circumstances. INSURANCE – LANDLORD/TENANT 23-2-3449 Harvey Wickner and Bonita Wickner v. Am. Reliance Ins. Co., et al., App. Div. (16 pp.) Where plaintiff insureds sued defendant insurers to defend them in a lawsuit brought by a woman who fell on a sidewalk abutting the insureds’ former rental-income property, which they had sold a month earlier, trial court erred in granting insureds’ summary judgment motion against American Reliance, which provided coverage for insureds’ primary residence, since the non-listed-premises exclusion precluded coverage for property used a business activity. CRIMINAL LAW AND PROCEDURE 14-2-3450 State v. Michael Grant, App. Div. (9 pp.) [See companion cases Nos. 3452 and 3454] Where defendant and two co-defendants were convicted of conspiracy to distribute cocaine and weapons possession, trial court properly ruled that defendant’s two prior drug convictions could be used impeach his credibility if he testified, since they showed a repetitive pattern of criminal behavior, impacting directly on defendant’s credibility. 14-2-3451 State v. Larry Little, App. Div. (3 pp.) Where defendant, who pled guilty to first-degree robbery, in the petition for post-conviction relief caption put pro se near his name but requested assistance of counsel, trial court erred in not assigning a public defender to the case, since the caption designation was simply an acknowledgement of his status at the time the petition was filed. 14-2-3452 State v. Lana Rice, App. Div. (16 pp.) [See companion cases Nos. 3450 and 3454] Where defendant and two co-defendants were convicted of conspiracy to distribute cocaine and weapons possession, trial court erred in not merging convictions of weapons possession with the conviction for possession of cocaine with intent to distribute contrary to N.J.S.A. 2C:35-5b(2), since the jury verdict indicated that it only thought that the guns were used for drug distribution. 14-2-3453 State v. Eduardo Sanchez, App. Div. (5 pp.) Where defendant was indicted for controlled dangerous substance possession in state court and received an 18-month federal prison term after pleading guilty to federal drug crimes, trial court properly dismissed the state indictment, since the defendant complied with the provisions of the Interstate Agreement on Detainers. 14-2-3454 State v. Ramone Sanchez, App. Div. (5 pp.) [See companion cases Nos. 3450 and 3452] Where defendant and two co-defendants were convicted of conspiracy to distribute cocaine and weapons possession, trial court erred in not merging convictions of weapons possession with the conviction for possession of cocaine with intent to distribute contrary to N.J.S.A. 2C:35-5b(2), since the jury verdict indicated that it only thought that the guns were used for drug distribution.

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